Bill > HB120

This bill significantly limits the use of restraint and seclusion in New Mexico public schools by defining and prohibiting specific types of restraint, including chemical, mechanical, and prone restraint, and requiring continuous line-of-sight supervision for any seclusion. It clarifies that physical restraint is only permissible when a student's behavior presents an imminent danger of serious physical harm and less restrictive interventions are insufficient, with a specific provision for elopement situations. The bill mandates that local school boards and governing bodies establish policies and procedures for training and the use of positive behavior interventions, de-escalation, and restraint techniques, ensuring these plans are developed by teams including special education and behavior intervention experts, and are approved by the department. Furthermore, it requires biannual training for school employees on these techniques, including practice sessions and proportional use of restraint, and establishes detailed reporting and documentation procedures for any instances of physical restraint or seclusion, including immediate notification to parents and specific written documentation within three school days. The bill also mandates a review of strategies if restraint or seclusion is used more than once in a school year and allows parents to request team meetings to discuss these incidents.

Education

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=120&year=26